Police Chief Thomas O'Loughlin lobbed heavy criticism yesterday at the U.S. Immigration and Customs Enforcement's explanation for the disappearance of a key witness to the death of Matthew Denice, saying the agency's justification "borders on irresponsibility."

Police Chief Thomas O'Loughlin lobbed heavy criticism yesterday at the U.S. Immigration and Customs Enforcement's explanation for the disappearance of a key witness to the death of Matthew Denice, saying the agency's justification "borders on irresponsibility."

ICE issued a statement late Tuesday saying local jurisdictions - and not the federal agency - are responsible for keeping track of witnesses in their criminal investigations. ICE's explanation comes nearly three weeks after authorities say Luis Acosta, 20, of 10 Cherry St., Apt. 2, Milford, removed a tracking bracelet ICE had put on him.

Local and federal authorities are now searching for Acosta, who police say was a passenger in the pickup truck that fatally struck Denice in August. Police said last week that they think Acosta, who was in the country illegally, likely caught a plane to Ecuador.

O'Loughlin said Milford Police had a break in the search yesterday when they reached Acosta by phone, but Acosta did not tell them his whereabouts.

Police say Acosta was in the truck driven by Nicolas D. Guaman, 34, of 10 Cherry St., Apt. 1, Milford, that plowed into Denice's motorcycle and dragged his body a quarter-mile.

Acosta fled after the accident but was captured by police two days later and arrested on a warrant charging him with driving without a license. After that case was resolved in court, ICE held Acosta on a detainer, suspecting he was in the country illegally. He was released with the bracelet as a way to monitor him prior to his immigration hearing.

"Contrary to public reports, ICE attaching a monitoring device had nothing to do with him being a possible material witness in a criminal investigation," the agency said in its Tuesday statement, which also said ICE properly followed standard protocol once it was notified that Acosta's bracelet had been cut.

O'Loughlin said he questions why the federal agency didn't inform police of Acosta's disappearance until Oct. 6, after officers contacted ICE because they couldn't find him for his court appearance that day. He also said he was "beyond shocked" by ICE's explanation of the lapsed communication.

"Something's wrong here, for them to be so cavalier, in my view, about the key witness in the death of a young man," O'Loughlin said.

ICE said an initial background check of Acosta found no prior criminal charges or criminal history "that would have indicated a national security risk or public safety threat."

"I get that," O'Loughlin said. "I agree that he's not a criminal alien."

But the chief said ICE should have been more mindful of how Acosta's whereabouts would be critical in a case like the one in Milford.

"They clearly missed it," he said. "They don't get it."

Page 2 of 2 - Scott O'Connell can be reached at 508-626-4449 or soconnell@wickedlocal.com.